SB236 Alabama 2019 Session

Summary

Primary Sponsor

Tim MelsonSenator

Republican

Session

Regular Session 2019

Title

Medical Marijuana, program established to allow use of for certain conditions, defense against prosecution for marijuana possession established, Secs. 2-33-1 to 2-33-8, incl., 2-33-20 to 2-33-23, incl., 2-33-40 to 2-33-49, incl., added; Secs. 13A-12-213, 13A-12-214, 3A-12-214.2, 13A-12-214.3 am'd.

Summary

SB 236 creates a Medical Cannabis Study Commission, expands Carly’s Law to allow CBD prescribed by the UAB Department for certain epileptic conditions, and adds related protections and research provisions.

What This Bill Does

It forms a Medical Cannabis Study Commission with specific gubernatorial and legislative appointments to study medical cannabis in Alabama, hold public hearings, examine laws, and make recommendations to the Legislature, reporting by December 1, 2019 and potentially dissolving after the 2020 session. It amends Carly’s Law to define CBD, establish that CBD prescribed by the UAB Department can be a defense in marijuana possession cases, and allow parents or caregivers to use CBD for a prescribed patient under certain conditions; it restricts prescriptions to the UAB Department and tasks it with overseeing use and research, prohibits child removal solely for CBD possession, and provides non-prosecution protections for UAB-related CBD activities. The act takes effect immediately and prohibits growing marijuana for medical use; it also sets a temporary repeal date for the CBD provisions by 2020 unless extended.

Who It Affects

• Patients with debilitating epileptic conditions and their families or caregivers who may obtain CBD prescriptions through the UAB Department and may gain a defense to marijuana possession charges.
• UAB Department and its medical staff, along with other state agencies and law enforcement, who implement, regulate, or enforce the CBD program and Carly’s Law provisions, including prescribing authority and research activities.

Key Provisions

• Creates the Medical Cannabis Study Commission with specified members from the Governor, Lt. Governor, President Pro Tempore, Speaker, Attorney General, State Health Officer, Director of Forensic Sciences, Drug Education Council, and others; sets age, residency, and conflict-of-interest requirements and outlines appointment diversity expectations.
• Members receive limited per diem/travel reimbursement; commission must hold at least three public hearings and study federal/state laws and other states’ laws related to medical cannabis; must report findings and draft legislation by December 1, 2019; dissolves on the last day of the 2020 Regular Session unless extended.
• Amends Carly’s Law (13A-12-214.2) to define CBD, authorized by the UAB Department, and a debilitating epileptic condition; provides an affirmative defense to unlawful marijuana possession if CBD is prescribed by the UAB Department for a debilitating epileptic condition; allows a parent/caregiver to defend possession when CBD is for a prescribed patient.
• Prescriptions for CBD must be issued exclusively by the UAB Department; UAB staff shall determine use and amount; UAB and affiliated pediatric training entities are shielded from prosecution for CBD-related activities when adhering to this section; UAB will conduct a research and development study on CBD for debilitating epileptic conditions.
• The section includes a prohibition on removing a child from the home solely due to CBD possession; the act obligates Rule 15.3-related procedures for valid prescriptions; it is intended to be repealed by July 1, 2020 unless extended; the section does not authorize growing marijuana for medical use.
• The act becomes effective immediately upon approval and does not affect other forms of cannabis beyond CBD as defined in the section.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Marijuana